Employee Conduct and Work Rules/Disciplinary Action

[ADD FOR CIVIL SERVICE]

EMPLOYEE CONDUCT AND WORK RULES/DISCIPLINARY ACTION

To ensure orderly and productive operations and provide the best possible work environment, the City requires employees to follow rules of conduct that will protect the interests and safety of the City, its citizensand employees.

Progressive Discipline: In certain instances, the City will use a progressive disciplinary system. The City is not obligated to use all of the progressive disciplinary steps available, and may begin the disciplinary process at any level, up to and including immediate discharge, depending upon the severity of the conduct, the employee’s work performance and prior disciplinary history, the employee’s length of service, and any mitigating circumstances. At-will employment status is not affected by the progressive discipline process. Depending on the circumstances of each individual case, disciplinary action may consist of one or more of the following:

·oral warning

·letter of counseling

·written reprimand

·probation

·suspension (without pay)

·demotion

·last chance agreement

·discharge

Employees covered by [select one or both:] Civil Service and/or a collective bargaining agreementwill be covered by disciplinary procedures provided in Chapter 143 and/or the collective bargainingagreement, to the extent civil service and/or the collective bargaining agreement is different from these rules.

Documentation: All forms of discipline, other than oral warnings, must be documented and will be placed in the employee’s personnel file.In the event an employee is to be discharged, the supervisor shall forward a copy of the documentation to the Director of Human Resources for review, who shall forward a copy of the dismissal to the City Manager. The Supervisor will also make a recommendationconcerning the possible rehiring (or not rehiring) of the person in the future.

Disciplinary actions for civil service employees shall be placed in either the Civil Service File or in theDepartmental personnel file, as specified in Chapter 143.089 of the Texas Local Government Code.

Supervisory Responsibility: All employees with the responsibility and authority to supervise and direct employees under their control shall administer policies and procedures within their scope of authority; documenttheir subordinates' job performance, conduct, and behavior asappropriate; properly conduct evaluations of subordinates in a timely manner; discipline their subordinates as required under their departmental and/or City policies and procedures as well as address performance appeals submitted to them as provided by policy in a professional manner, in an attempt to resolve such issues at the lowest possible supervisory level.

Review by Director of Human Resources: Any proposed disciplinary action in excess of an oral warning must be reviewed by the Director of Human Resources prior to being given to the employee. This applies to both employees serving in the initial orientation period and regular employees that have completed the initial orientation period.

Appeal Rights: Where a disciplinary action involves a suspension of 1 day (or 1 shift) or more, demotion and/or termination, the employee will normally be given an opportunity to respond to the allegations prior to disciplinary action being taken. (See Employee Appeals Policy). However, positions classified as Director level and above are employed at the will and pleasure of the City Manager and have no right of appeal for any type of disciplinary action, including termination. Employees serving the initial orientation period have no right of appeal for disciplinary action taken against them.

Appeal rights for civil service employees and/or for employees covered by a collective bargaining agreement shall be covered by Chapter 143 of the Texas Local Government Code and/or the collective bargaining agreement.

Prohibited Activities: Disciplinary action will be imposed for violations of City or departmental policies and procedures, codes of conduct, rules and regulations, either written or verbal. In addition, acts which are not specifically addressed in policies and procedures, codes of conduct, and rules and regulations, yet may adversely affect the City or put the health and safety of fellow employees, citizens or other third parties, at risk, may also result in disciplinary action. It is impossible to list all the forms of behavior that are considered unacceptable in the workplace. The following are some examples of conduct that will likely result in disciplinary action, up to and including termination of employment:

Theft or inappropriate removal or use of City property or other property not belonging to

the employee

Falsification of timekeeping or other records, including employment application

Working under the influence of or a presence in the system of alcohol

or illegal drugs

Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the

workplace, while on duty, or while operating Cityowned equipment

Violation of City’s policy regarding sexual or other unlawful harassment

Interfering with work schedules or another employee’s ability to work

Misuse of City telephones, computers, mail systems, internet, etc.

Excessive or unscheduled absenteeism, tardiness in reporting for work or returning from

lunch and breaks or absence without notice and/or approval

Breaks in excess of the allotted time allowed

Violation of smoking policy

Violation of safety or health rules and failure to immediately report an onthe-job injury/accident

Profanity, abusive language, or racial slurs

Unauthorized disclosure of confidential information

Violation of any provision of the City Charter

Violation of City or departmental policies, codes of conduct, rules and procedures

Coercion, intimidation, or threats against citizens, supervisors, co-workers, City officials, or others

Making or publishing false, vicious, or malicious statements about the City, or a City employee or citizen, or others

Unsatisfactory performance or conduct

Inefficiency, incompetence or neglect of duty

Fighting, provoking or instigating a fight, or threatening violence

Disruptive activity in the workplace

Engaging in a work stoppage

Conduct which results in waste or damage of acoworker’s, City, or citizen-owned property

Insubordination or other disrespectful or unprofessional conduct

Discourteous treatment of the public

Possession of weapons on City time, City premises, or while on City business (except for licensed peace officers required to carry a weapon as part of their job duties or employees with concealed handgun license with permitted weapon locked in their personal vehicle)

Violation of local, state or federal law

Conviction of a felony, including reasonable belief employee has committed a crime under Texas Penal Code or Class A or B misdemeanor involving moral turpitude, or repeated conviction of Class C misdemeanor charges, or any crime

Failure to timely return to work upon conclusion of authorized leave or disciplinary suspension

Outside employment that conflicts with, or potentially conflicts with, City interests

Acceptance of payment of any kind for activities related to City Employment

Failure or refusal to follow lawful orders

Sleeping on the job (except for Fire Department personnel who are governed by applicable Fire Department Rules and Regulations)

Dishonesty, including misrepresentation during the hiring process

An accumulation of minor infractions

Disciplinary Meeting: A disciplinary meeting will be scheduled prior to the imposition of a disciplinary suspension of 1 day (or 1 shift) or more, demotion or termination. The Department Director, the affected employee, the Director of Human Resources and anyone else deemed necessary by the Department Directortypically attend the disciplinary meeting. During the meeting, the affected employee will be given an opportunity to present an explanation of the conduct leading up to the proposed disciplinary action. Employees will be given advance notice of the meeting. Employees may, in the City’s sole discretion, be placed on administrative leave prior to, during, or after the disciplinary meeting. The employee will be notified of the City’s determination following the meeting.

Administrative Leave: During an investigation into alleged offenses or violations of City policies, the City may, in its sole discretion, place the employee on administrative leave. The leave may be with or without pay, and may be charged to available accrued leave if authorized by the City Manager.